The township contends Powlette did not stop advertising Upper Miamisburg Road site as a bed and breakfast by a date set by the court, a condition which violates the Nov. 26 dismissal of a misdemeanor zoning charge against him, records show.
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“Mr. Powlette was provided with a 10-day period to comply with this agreement or charges would be re-filed against him,” Miami Twp. Community Development Director Chris Snyder said in an issued statement. “Following this court directed compliance period, the township determined that the conditions of the agreement were not met.”
“With the resumption of a criminal case in Miamisburg Municipal Court against Stoney Hill Farm, the township remains adamant that proper zoning standards be met for this property to operate as a bed and breakfast to ensure the safety of patrons and protect the rights of neighboring property owners,” according to the statement.
Attempts to reach Powlette and his attorney were unsuccessful. Last spring, the township charged Powlette with violating it zoning laws. But Powlette and his attorneys have contended Ohio’s agritourism law exempts his business from local jurisdiction.
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The municipal court charge is one of three court cases involving Stoney Hill questioning local government actions in its operations. It is also challenging a township board of zoning appeals decision on its wedding venue business.
The third case was filed in November in Montgomery County Common Pleas Court when Powlette questioned a board of building appeals decision affirming a stop work order at Stoney Hill.
In the municipal court case, the judge agreed to drop the case so long as Powlette stopped advertising Stoney Hill as a B&B.
Miami Twp. officials said the property’s website now refers to the site as Stoney Hill Farm, but that it still has information about the B&B. In fact, it does mention “the farmhouse has three bedrooms and a master suite.”
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The township also argues the property’s Facebook page promotes the B&B.
It lists the property’s address, and that “you can rent one bedroom for a couple’s retreat or all five for a getaway.”
However, in November, he said after the hearing that he was already complying with the order not to advertise or run a B&B. He and his attorney also told the court the case was fueled by angry neighbors.
Attorney Kent DePoorter said in November his client has never operated a bed and breakfast, even though Stoney Hill’s website has promoted that service in the name of business.
-MORE COVERAGE OF THIS ISSUE:
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